Image source: pexels
When someone you love dies, it’s only natural to feel tremendous pain over the loss. If you lose someone due to an accident that could have been easily prevented, that loss can be even more painful. While the last thing you want to be thinking about is legal claims and lawsuits, we here at Telaré Law firmly believe that making a claim can give you the justice you and your family need to carry on.
Wrongful death claims exist so that the financial weight of the loss, such as funeral coverage costs and any lost income the family depended on, is addressed. Our compassionate team of legal experts understands this better than anyone and is here to help you every step of the way, helping take some of the financial stress off your hands during this difficult time.
Telaré Law handles the full complexity of Washington wrongful death cases in both Kennewick and Richland. We help to identify the right legal claims, the proper beneficiaries, and every liable party so that you and your family do not need to navigate this alone.
What Qualifies as Wrongful Death Under Washington Law
According to the Washington State legislature, a wrongful death claim arises when a person dies because of a “wrongful act, neglect, or default”. Had the person survived the accident or incident, the same conduct would have supported a personal injury claim.
There are various common qualifying scenarios that apply to both of these, but in the case of a wrongful death lawsuit, these include:
- Fatal motor vehicle crashes: A collision that involves another vehicle, boat, or motorcycle resulting in the accidental death of someone involved in the collision due to another driver’s negligence.
- Fatal workplace and industrial accidents: Accidents in the workplace that have resulted in the accidental death of an individual, whether due to negligence in health and safety regulations, incidents with heavy machinery, or otherwise.
- Deaths caused by defective products or dangerous premises: Products that have been found to contain hazardous materials accidentally, premises with asbestos and other hazardous materials, or items and equipment that failed to live up to their safety inspections, leading to incidents that have resulted in death.
- Fatal acts of negligence: If an important health and safety measure has been overlooked by businesses, property owners, or even government entities, which resulted in death, this will then qualify as a wrongful death.
It’s important to note that a wrongful death claim is far different from a criminal case. A wrongful death claim is civil and brought forward by the family of the deceased individual for compensation, and it proceeds independently of whether anyone is criminally charged. In wrongful death claims, a lower burden of proof applies, meaning that only a small amount of evidence may need to be provided in order to win the claim.
Telaré Law will be happy to evaluate, at no cost, whether the circumstances of a death support a wrongful death claim, a survival action, or even both.
Who Can File a Wrongful Death Claim in Washington?
It may come as a surprise to many, but in the state of Washington, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate, not directly by members of their family. This personal representative will bring the action on behalf of the statutory beneficiaries (such as members of the immediate family and other close relatives).
This beneficiary structure can be tricky to understand, but it is important as it determines who can recover the financial compensation associated with the wrongful death claim. To make this simpler to understand, the beneficiary system is broken down into tiers:
- First Tier: The surviving spouse or state-registered domestic partner and the children of the deceased (including any step-children). If these first-tier beneficiaries exist, they are the ones who will recover the benefits from the claim.
- Second Tier: If there is no spouse, no domestic partner, and no children, the claim may benefit the parents and siblings of the deceased.
In 2019, Washington State made an amendment to the legislation regarding who can recover. It removed the old requirements that parents and siblings be financially dependent on the deceased and residing in the United States. Thanks to this change, second-tier beneficiaries can recover even if they were not financially dependent on the deceased or if they live overseas.
When it comes to blended families, estranged relationships, or when no estate has been opened, this can leave many loved ones with a lot of questions. Determining the correct personal representative and beneficiaries can be quite legally complex, so getting this right from the very beginning will help in preventing disputes later down the road.
Wrongful Death vs. Survival Actions in Washington – and Why Both May Apply
Image Source: Pexels
Under Washington law, a single death can raise two distinct claims. Pursuing both of these is often necessary to recover the full value of the loss. This is not something that every firm does, and it is one of the key things that sets us apart. By pursuing both the wrongful death claim and the survival action claim, we have a higher chance of helping you get compensation for the death of a loved one.
The Wrongful Death Claim
The wrongful death claim supports the surviving beneficiaries for their own losses caused by the death. This includes things like the loss of financial support, the loss of the deceased’s services, and the loss of love, companionship, and guidance. It looks into not only the present moment, but also into the future, at what the surviving relatives will have to live without.
The Survival Action
Washington’s survival statutes, such as survival of actions and action for personal injury, both allow the estate to pursue the claims the deceased person could have brought forward had they survived the incident. This can include compensation for the deceased individual’s pain and suffering prior to their death, any medical expenses incurred before death, and lost earnings between the injury and death. Rather than looking forward to what the family will now live without, the court will look back at what was endured during the incident that resulted in death.
Here at Telaré Law, we evaluate both of these claims in every case we take on. This is because relying on only one of these can leave significant amounts of compensation unrecovered. These two claims compensate for very different losses, and it’s important that both should be pursued individually.
Compensation Available in a Washington Wrongful Death Case
We understand that no amount of money on earth could ever replace the loss of your loved one, and when it comes to claiming compensation in a wrongful death case, it is not about putting a price on the life of a family member. Instead, the compensation amount is there to prevent the family’s financial collapse and hold the responsible party accountable for the damages they have caused to the deceased’s loved ones.
Economic Damages
The economic damages are the financial losses the family and estate sustain due to the wrongful death of an individual, the parts that can actually be calculated. This will include figures from factors such as the loss of the deceased’s expected future income and financial support, the loss of benefits such as health insurance and retirement contributions, the value of household services that the deceased provided (childcare, caregiving, and household maintenance), expenses associated with the funeral and burial, and any medical expenses incurred in treating the final injury or illness before death.
These damages can be recouped through both the wrongful death claim and the survival action.
Non-Economic Damages
These damages reflect the more human side of the loss, accounting for the loss of love, companionship, care, guidance, and nurturing that the deceased provided. Some of these factors are incredibly important when it comes to the children of the deceased.
The non-economic damages also take into account the deceased’s own pain and suffering before their passing, something which can be claimed through the survival action rather than the wrongful death claim.
In cases involving especially egregious conduct, there may be other avenues of accountability to explore. Here at Telaré Law, we evaluate each and every case we take on to ensure we are pursuing the full range of recoverable damages. Having recovered over $100 million for our clients across both Washington and Oregon, we pride ourselves on being thorough and steadfast in helping our clients get the compensation they deserve.
Washington Wrongful Death Deadlines and Laws You Need to Know
Image Source: Pexels
There are various laws and deadlines in Washington State that you should be aware of when planning to file a wrongful death lawsuit. These include:
- The statute of limitations: A Washington wrongful death claim must generally be filed within three years. This typically begins from the date of death. Missing this deadline usually forfeits the right to recover entirely.
- Government liability and claim filing: If a government entity may share responsibility for the wrongful death (for example, if the death was caused by a public road defect, a city or county vehicle, or a state agency), Washington law requires a tort claim to be filed with the entity and a 60-day waiting period to elapse before suit. These procedural steps are very strict and are easy to miss without counsel.
- Comparative fault: Washington State follows pure comparative fault. Even if the deceased was partially at fault, the beneficiaries can still recover. Still, the amount is reduced by the same percentage as the share of fault belonging to the deceased. Many insurers routinely try to inflate the deceased’s share of fault and responsibility in order to reduce the amount they’re made to pay out, but at Telaré Law, we’re sure to challenge where the blame is placed.
- Opening an estate: Because the personal representative files a claim, an estate generally must be opened. Telaré Law is always helpful in guiding families through this during this distressing time, so that this procedural requirement does not delay the case.
With the added stress of these very real deadlines, it’s easy to become overwhelmed during the distressing period of losing a loved one and having to file a wrongful death claim. To keep things straightforward, the first step should be to simply reach out to a trusted firm and have a free conversation.
At Telaré Law, we don’t expect grieving family members to have any of this figured out before picking up the phone, and all of our consultations are free of charge, handled with compassion by our dedicated team, and don’t commit you to working with us long-term.
How Telaré Law Builds a Washington Wrongful Death Case
Telaré Law works hard to help take the burden from families after the loss of a loved one, taking on tasks that would otherwise add stress to those who are grieving. Here are some of the things we do when building a wrongful death case, so you can see clearly exactly how our time is spent when working to get you the compensation you deserve.
- Handling communication: Whether it’s with the insurer or opposing parties, Telaré Law helps take the burden of fielding calls and statements away from the family. Every point of contact runs through our firm first, which helps prevent many of the early missteps that can damage claims.
- Identifying liable parties: Fatal crashes and incidents often involve more than one responsible party. From employers to vehicle manufacturers, to property owners, and even government entities, here at Telaré Law, we investigate all of them. Each responsible party can mean additional insurance coverage and recovery opportunities.
- Preserving evidence: Preserving evidence before it disappears is one of the things that can truly make or break any legal case. Whether it’s crash data, surveillance footage, maintenance records, or even scene evidence, our team of dedicated experts moves fast to preserve these records for the case.
- Documenting the full scope of loss: Working together with economists and other experts, we help to project the true financial value of lost support and services, and in documenting all of the human losses recognized by law.
- Pursuing both claims: Telaré Law works hard to pursue both the wrongful death and survival claims, so that not a single category of recoverable damages is left on the table.
- Necessary litigation: When it comes to wrongful death cases, most settle, but Telaré Law is prepared for every eventuality. Should the case be taken to trial, our dedicated team of legal experts will help fight your corner.
A wrongful death claim involves a lot more than just filing paperwork. Having experienced representation from a team that fully understands both the financial and emotional weight you’re carrying early on can help protect your rights and give your family the space they need at this difficult time.
Talk to a Washington Wrongful Death Lawyer
Wrongful death cases are some of the most emotionally difficult ones to handle, and here at Telaré Law, we completely understand this. We would never want to rush a grieving family into pursuing a claim until they feel ready to do so, and the purpose of the early call is simply to make sure that all legal rights and deadlines are protected while you and your family focus on what matters most.
Our consultation calls are free of charge and do not obligate you to work with us going forward. There is also no fee unless Telaré Law recovers, meaning you won’t get charged unless compensation is granted.
If you have lost a loved one in the state of Washington in an accident where someone else was at fault, give us a call at 509-404-0970 or fill out our online contact form today, and our compassionate and helpful team will be able to guide you through the next steps.
Frequently Asked Questions About Washington Wrongful Death Claims
Who Is Legally Allowed to File a Wrongful Death Lawsuit in Washington?
In Washington, the lawsuit is filed by the personal representative of the deceased person’s estate, not by family members individually (RCW 4.20.010). However, the claim is brought for the benefit of the statutory beneficiaries — first, the surviving spouse or domestic partner and children, and if none exist, the parents and siblings. If no estate has been opened, one generally needs to be. Telaré Law helps families navigate the appointment of a personal representative so the claim can move forward.
How Long Do I Have to File a Wrongful Death Claim in Washington?
Generally, three years from the date of death (RCW 4.16.080). The timeline can be shorter in practical terms when a government entity is involved, because a formal claim must be filed and a 60-day waiting period must pass before suit. Evidence also disappears quickly. Because the deadlines and procedural steps are strict, it is best to consult an attorney as soon as possible rather than waiting.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
A wrongful death claim compensates the surviving family for their losses — lost financial support and the loss of love and companionship. A survival action (RCW 4.20.046 and RCW 4.20.060) allows the estate to recover what the deceased person could have claimed had they lived, including their own pre-death pain and suffering and medical bills. Many cases support both claims, and pursuing both is often necessary to recover the full value of the loss.
How Much Is a Wrongful Death Case Worth in Washington?
Every case is different. Value depends on the deceased’s age, income, and earning capacity, the financial support and services the family relied on, the nature of the relationship with the beneficiaries, and the degree of the responsible party’s fault. Washington places no statutory cap on non-economic damages in these cases. Telaré Law provides honest assessments grounded in actual losses, not inflated figures designed to sign families up.
Can We Still Recover if Our Loved One Was Partly at Fault?
Yes. Washington follows pure comparative fault, which means recovery is reduced by the deceased’s percentage of fault but not barred by it — even at higher fault percentages. Insurers frequently try to assign the deceased as much fault as possible to reduce what they pay. Telaré Law challenges inflated fault allocations with investigation, reconstruction, and evidence.
Do We Have a Case if No One Was Criminally Charged?
Possibly yes. A wrongful death claim is a civil matter and is independent of any criminal case. Civil claims use a lower burden of proof, so families sometimes recover compensation even when prosecutors decline to file charges or a criminal case ends without a conviction. The absence of a criminal charge does not mean the absence of a civil claim.
Does Telaré Law Handle Wrongful Death Cases Across Washington, or Just the Tri-Cities?
Telaré Law handles Washington wrongful death cases statewide. The firm is headquartered in Eastern Washington — Kennewick and the Tri-Cities — and knows the local courts and claims dynamics, but represents families throughout the state. Wherever the loss occurred in Washington, a free, no-obligation consultation is available.
